The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Order.)

This Order provides for the coming into operation of provisions of the Pensions (Northern Ireland) Order 2005 (“the Order”) on the following dates –

• 25th February 2005 for provisions relating relating to the Pensions Regulator and the Board of the Pension Protection Fund, and certain other provisions, including Article 254 of the Order, which makes amendments relating to the Pensions Compensation Board;

• 25th February 2005 for the purpose only of authorising the making of regulations or orders relating to the definition of “eligible scheme” for the purposes of the Board of the Pension Protection Fund and modification of the Order in relation to certain categories of pension schemes. The provisions in question are brought fully into operation on 8th March 2005;

• 25th February 2005 for the purpose only of authorising the making of regulations relating to various levies for the Pensions Regulator, the Pensions Ombudsman and the Board of the Pension Protection Fund. The provisions in question are brought fully into operation on 1st April 2005;

• 25th February 2005 for the purpose only of authorising the making of regulations, orders or rules relating in particular to the functions of the Pensions Regulator and the Board of the Pension Protection Fund. The provisions in question are brought fully into operation on 6th April 2005;

• 8th March 2005 for the purpose of modification of the Order in relation to certain categories of scheme;

• 1st April 2005 for other provisions relating to levies in relation to the Pensions Regulator and the Board of the Pension Protection Fund, and

• 6th April 2005 for provisions relating in particular to the functions of the Pensions Regulator and the Board of the Pension Protection Fund and provisions relating to adoption leave.

This Order also makes consequential amendments, transitional modifications and adaptations.

Article 3 makes a consequential amendment to the Occupational Pension Schemes (Pensions Compensation Provisions) Regulations (Northern Ireland) 1997.

Article 4 makes a transitional provision to enable certain amendments (those that amend the manner of determining the amount of compensation payable by the Pensions Compensation Board) to apply to cases which are currently before the Pensions Compensation Board.

Article 5 transitionally modifies section 145(6) of the Pension Schemes (Northern Ireland) Act 1993 to insert a reference to the Pensions Compensation Board as a person to whom the Pensions Ombudsman may continue to disclose information until 1st September 2005, and to retain a reference to the Pensions Compensation Board as a person to whom the Department for Social Development may disclose information until that date.

Article 6 makes transitional provision in relation to the collection of levy which was due before but which remains unpaid on 1st April 2005.

Article 7 consequentially amends the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 to include cross references to provisions relating to adoption leave inserted into Schedule 5 to the Social Security (Northern Ireland) Order 1989 by Article 242 of the Order.